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South Africa decisions
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Ebrahim and Others v Sans Fibres (Pty) Ltd (C495/2008) [2010] ZALCCT 26 (23 July 2010)
The Labour Court held that contract employees were not contractually entitled to the employer’s retrenchment policy and dismissed the claim with costs.
Ebrahim and Others v SANS Fibres (Pty) Ltd (C495/2008) [2010] ZALC 144; ; (2011) 32 ILJ 304 (LC) (23 July 2010)
The Labour Court held that contract employees were not entitled to the respondent’s enhanced retrenchment policy benefits. Their application was dismissed with costs.
Ebrahim and Others v Sans Fibres (Pty) Ltd (C495/2008) [2010] ZALC 331 (19 July 2010)
Labour Court held the applicants’ contracts did not incorporate the employer’s retrenchment policy, so they were limited to BCEA severance and their claim failed.
Gardner and Others v Central University of Technology, Free State (J534/08) [2010] ZALC 75 (7 May 2010)
The court held that the 2004 retrenchment policy was not lawfully adopted or approved by the respondent's council, nor was there valid delegation to the Vice-Chancellor to approve new severance benefits. The delegations register and empowering legislation require restrictive interpretation, and only council may determine conditions of service. The evidence did not establish that the Vice-Chancellor lawfully approved the policy. As the policy was ultra vires, the respondent was entitled to disregard it and revert to the Labour Relations Act provisions for severance pay. The principle from Oude…
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MISA / SAMWU obo Members v Madikor Drie (Pty) Ltd (J116/04) [2005] ZALC 92; [2006] 1 BLLR 12 (LC); (2005) 26 ILJ 2374 (LC) (14 October 2005)
The Labour Court held that a retrenchment severance policy carried over after a business transfer and could not be unilaterally reduced by the new employer.
Bantubonke v South African National Parks (C288/2000) [2002] ZALC 55 (19 June 2002)
The Labour Court held that the applicant was not constructively dismissed or discriminated against when his finance department was relocated to Pretoria.
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